20Overcatch provisions

20 Overcatch provisions

(1)  In this rule –

beach price means the monthly average price paid for giant crab as determined by the Secretary;

excess giant crab, for a fishing licence, means giant crab in excess of its fishing quota unit balance;

licence quota unit balance, for a fishing licence, means the sum of the following (exclusive of any weight of giant crab returned to the fishing vessel or fish cauf subject to a cancellation report):

(a) the weight of the giant crab quota units specified in the licence that remain to be caught and unloaded at the relevant time;

(b) the weight of any giant crab quota units transferred to or from the licence since the relevant time;

(c) the weight of any deduction, permitted by these rules, from a previous quota year;

relevant time means –

(a) in respect of the period immediately preceding the unloading of the first giant crab in a quota year, the time when, in that quota year, a fishing licence comes into force; and

(b) in respect of any other period, the time of the commencement of a fishing trip.

(2)  Despite rule 19 , the holder of a fishing licence (giant crab) is not guilty of an offence under that rule in respect of any giant crab if –

(a) the total amount of giant crab does not exceed the licence quota unit balance by more than 30%; and

(b) the licensee –

(i) pays to the Crown, in respect of the excess giant crab, an amount equivalent to 150% of their beach price; or

(ii) does one of the following:

(A) not commence another fishing trip until additional giant crab quota units are specified in the licence so as to make its fishing quota unit balance greater than zero;